Daily Republican., 1887-12-20
This Mornine'.C Co.,,

The case uf God frey Bi,tma,
Charles q. Behriugsr was resnna, ".
this mornings session Of Cow ~ ~
tinued. con.
Mrs Christians wsn ,,,uasd -,
saw Mrs.. Bittman while ,he 'ue
behringer's. and did not consid.r ~,
she was In her right mind. 'AA'
Charles u. Btbringer was sworn .,A
testified that he 10 son of ths csfsnS
ant. When Mrs. Blttman vas At bI.
fathers house she required oons,.n,
care and attention. Ho did Tot considsr
that she was in her right mind.
Charles O. Behriuger was recaro,
and testified that on April &ih, 1859 h.
had loaned Bittman ti75, but a, he
placed the utmost confidence In bito he
did not lake rOts or An, thing else N
show that he o sed It TO him.
While Bittmsn lived On Bsnns,t
street In 1885, the witness asked him
aoout this money. and he rep led that
~ had been snoh . long time he did moi
tbiIk he owed II any more, but thai
when he sold his house he wou Id make
IL satisfactory.
George Sharp. Who Was with
Bshrlngsr when he called on Bit,msn.
coIroborated this testimony, and also
said that he had gone 10 Bittmau's a
with Mrs Bchringer. and he admitted
70 her In his presence that he owed
Bshringer tl75
Charles L. Bshringsr was again 70.
called, and testified that he hsd agreed
to pay " per week for Mrs. Bit.mau at
the almshouse, and that he paid Si5 50
for her funeral expenses
la
with this witness, and Mr. Chand or
called Godfrey Bittnsn In rebuttai. He
al mitted that hs had borrowed Si75
nom BehiinRer, but donied that be had
ever atked him FOG IL. He said that
behtinger had got over $50 worth u
goods ont Of his store.
Mrs Emerson was recalled, and ies
titled that during tho time Mrs. Bit.
man was a. tue Aimshouse che was quic,
Ard orlerly, aud never IN ade ANY noise
eIc,pt when she wanted soretling,
Behtinger did not pay anything for
Mss. Bluman'p board st tho a msn luEe
until i4st FHdsy
Arthur sullivan testified that he llvcs
ueI; door u Behsisger, and 1t YER Leai d
MT. BlumAu make any noiac in toe
h9ase.
Mary Frank terrified tha. she know
Mrs. Blttmnn for over twenty years.
SSe han teer her while she vas ni Bon
ringers, Gpd dii not contider that shc
was Insane. TAiB witness ktepa she
/ hnsidluR Louse, and uhe thought tina,
u 80 or IS a woek would lave been uay
enough for taking care Of her.
DIR. joseph Py 10 testified that be IL
/ clIsultln9 physicisn 1T the almshouse,
aud has an indiatinct recollection a
MRS Bi.tman. Insanity does NOT al
ways follow parAl! sis. He had ~.
tended Mrs. Bit,man once while she
was in the Institution for Bome hear
tpouble.
| This was the last w!tnssE exam IN ed
and Nix. Chandler made his opening
ars ument 10 the jufy. He spoke until
II 10 O'Clock, and was followed by J
II Hohecser, Esq, for the deieuse
MIR EufisoksT closed at 12 O'Clock
when hr UnRI dleg made his O osin I
argument, after which the Jury were
charged By tho Chief Justioe, who salc
that tale VIVA very peculiar case. He
thea reviewed the case, and sa
that where contract was en-
tered irtb between parties In
Thi1h sum o. money IL Involved
the party cannot recover tho money uu
loss the ful. terms Of the contract are
cgm Piled with. There are however
eAses In which the terms OF the con.
truct aru not complied with. In which
the marty can recover for what ha has
dunr, bat 1t must be on suit 10 70
cover for work aud labor. This is how
eveI 4 Gersat case, and Ia an action
10 Ts37yor for money paid, bus the de-
fencant can deduot from the amouu,
paid for services rendered, and is only
iiAb.s for tho Aruuat remGining In
this cass the defendant jannol be held
u a strict construction o. lis contract,
AS c9Ttain things interviewed which
made It Impossible
| SlIf this state OF affairs rendered II im
| possible for the dsfendaui 10 comply
with tho contract he WAS justified in
putting ih.a woman IN some place
where she would bo properly cared for.
The defendant. however. was not liable
fui her board while she was at the aims
house, AS II Is TIE hnsbard's place t.
carr Tor the wife aud pay for ber main.
Nnancs, II the iuyy thought the do
iandsnt ie entitled TO receive anything
they U ust ded 1Ct from the amount The
ezptbt-s he Sas put TO in turyiHg her
and ioT other thiGRB. In reference u
tho debt whlcu tho defendant
hllo2es 10 Owed him by the plain.
tti, u won d be for the iary to
dctermine, ard Il they believe he testl
,noay itnnst ato DO ded nc ed from tbe
amount, II any IS allowed RE plain,iF.
| ihe cl.Jg3 vEs finished at II 80 o'clUck
I and he jury retired
TDoy returned at O'Clock With yer
! I.ci ior tls defendant aud were dis.
| ui eFRtG uutt. February g, 1888.
Csurt then adjourned until , O'Clock
| tEiH afternoon.